| Bothersome phone calls and texts aren’t just a nuisance. They can also be illegal.
Enter the Telephone Consumer Protection Act (TCPA). Signed into law in 1991, the TCPA was enacted to protect consumers from harassing telemarketing calls, robocalls, and spam texts. Technology has evolved significantly since the law was first passed, but the protections the TCPA offers remain as pertinent today as they were when rolled out.
Unfortunately, many businesses and telemarketers still violate the TCPA, leaving consumers with few options other than seeking legal help.
If you’ve been dealing with harassing calls or texts, here are five common TCPA violations that may justify calling a lawyer specializing in telephone consumer protection.
- Calls Without Your Consent
One of the original safeguards under the TCPA is that businesses must obtain your express consent prior to calling you with marketing messages. That applies to prerecorded robocalls and live telemarketing calls.
If you didn’t provide your phone number, or if you opted out of receiving promotional texts, then these calls are most likely illegal. And the same can be said for text messaging: unless you’ve opted in, companies can’t send you marketing texts.
A lawyer can help by letting you know whether or not your rights have been violated and what steps you can take in response.
- Robocalls Without Your Approval
Robocalls, made from an automatic dialing system, are some of the most complained-about consumer complaints in the U.S. Companies are supposed to get written consent prior to making robocalls for advertising.
Because these infractions are so widespread, attorneys who have experience with TCPA matters will aggressively pursue them. And courts may also issue significant monetary penalties against violators.
- National Do Not Call Registry Violations
The National Do Not Call Registry was set up so customers could just prevent unwanted telemarketing calls. If you’ve got your number registered, telemarketers aren’t supposed to call you with sales pitches. There are a few exceptions, such as calls from charities, political parties, and organizations you already do business with.
If telemarketing calls continue to reach you even after you have registered your number on the Do Not Call list, the telemarketer is violating the TCPA. Your attorney can help you file a complaint and even sue for damages.
- Calls at Inconvenient Times
The TCPA also limits telemarketers’ access to you. They’re only allowed to call you within the 8 a.m. to 9 p.m. window. If they call you earlier in the day or later at night, they’re not just being inconsiderate—they’re also breaking the law.
Persistent late-night or early-morning calling is harassment, and if it is, it’s worth talking over with an attorney. An individual illegal call during prohibited hours is a violation, and multiple calls will make your case much stronger.
- Refusal to Honor “Stop Calling” Requests
Another key protection under the TCPA is your right to tell a telemarketer to stop calling you. Once you’ve made this request—whether verbally or in writing—the company must honor your wishes. Continuing to call after you’ve opted out is a direct violation of the law.
When you’ve specifically asked a company to stop calling and they continue calling, you can enlist the services of an attorney to enforce your rights. Attorneys can recover damages and, in some cases, win injunctions to prevent the company from calling.
If you’re receiving unwanted robocalls, getting calls outside of the times you authorized, or receiving unwanted calls after you’ve requested that the caller cease, you may have a solid case. Do not assume that you just have to grit your teeth and bear it—consulting with an attorney may be the way to end the harassment and get the justice you deserve.
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